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Proxies and Council Elections at
General Meetings
Adrienne Murray, [email protected]
Lawyer Hamilton & Co, Electing Council
Veronica Franco, [email protected]
Lawyer Clark Wilson , Proxies www.choa.bc.ca
1.877.353.2462
We gratefully acknowledge the support and
partnership of
BC Housing as part of the Building Excellence
Research & Education Grants Program
Many thanks to this week’s
Webinar Sponsor
Privacy
This Webinar will be recorded and posted to the CHOA You Tube channel.
If you submit a question through Q&A, we will group and respond to questions at the end of the presentation.
For your protection, do not identify your strata plan, business or any personal information during the Webinar.
Questions will be held until the end of the presentation, at which time the facilitator and speakers will remain live to respond to questions.
Speaker email addresses have been included and you are invited to email them directly for assistance.
Best practices
• In preparation of your annual general meetings
review and confirm the bylaws of your strata
corporation to identify
– The total number of council members
– Who may qualify to be a council member
– The term of council member elections
– If there are any procedures for the election of
council membersReview the owner list to identify any changes of ownership. This
may require obtaining a title search.
4
Strata Council Basics
•The number of council members for a strata
corporation or a section executive are determined
in the bylaws of a strata corporation.
•The Schedule of Standard bylaws sets the
number at a minimum of 3 and a maximum of 7
•Section 28 of the Strata Property Act determines
who may be a council member
•The strata corporation may amend their bylaws
allowing for different classes of persons to be
elected to council 5
How many council members do we elect?
•The Schedule of Standard Bylaws requires a
minimum of 3 and maximum of 7 council members
•If a strata corporation has fewer than 4 strata lots
or there are fewer than 4 owners, all owners are
on council.
•Bylaws may be amended to establish a different
number of council members, and bylaws are
created for sections that establish the number of
council members
6
Who is eligible to be a council member?
•A registered owner ( these are persons who are
registered on title )
•A tenant who has been assigned an owner’s right
to be elected to council,
•Review the Form K Tenant’s Responsibilities and
the written assignment issued by the owner
•A corporate representative
•Any other person or eligible class of person that
has been established in the bylaws of the strata
corporation 7
What is the term of a council member?
• The Schedule of Standard Bylaws establish the
term of a council member as an annual period and
the term expires at the end of the next Annual
General Meeting
• The bylaws of the strata corporation may be
amended to provide for varying terms; however,
section 25 of the Act requires the corporation at
each annual general meeting to elect a council.
8
How are council members nominated?
• The business of the strata corporation at a
general meeting is determined on the agenda
under the bylaws or standard bylaw 28, the
election of council
• Any eligible voter may nominate any eligible
owner or representative to stand for election
including themselves
• Nominations are conducted during the general
meeting
•If a nominee is absent, their consent is required to
confirm their nomination 9
How are council members elected?
•Section 50 of the Strata Property Act
–At an annual or special general meeting, matters are
decided by a majority vote unless a different voting
threshold is required or permitted under the Act or the
regulations
–This provision is the basic principle of governance of
the Strata Property Act
10
How are council members elected?
There are 2 options to apply that will meet the
requirements of a majority vote
• A majority vote of those nominated if the number does not
exceed the maximum number nominated for council may be
motioned as one vote to elect all the nominees
•A majority vote to elect those council members who have been
nominated, and those council members each would require a
majority of the ballots cast to be elected to council
11
How are council members elected?
A majority vote to elect those council members who have been
nominated, and those council members each would require a
majority of the ballots cast to be elected to council
In a majority vote to elect council each eligible voter is:
• Entitled to one ballot for each registered vote they represent
• Each ballot may elect up to the total number of council
positions available
• Nominees may not be duplicated on a ballot
• The total number of ballots cast will determine the majority
requirement for election
• Ballots may be submitted in a paper ballot format for in
person meetings or electronically by emailed ballot or an
electronic balloting process where the eligible voters are
qualified/identified 12
How are council members elected?
A majority vote to elect those council members who have been
nominated, and those council members each would require a
majority of the ballots cast to be elected to council
Example: ( bylaw minimum 3 maximum of 7 )
• 11 council members are nominated
• 71 ballots are cast, representing 71 votes
• A majority would 36 votes
• 5 council members are elected with at least 36 or more votes
• This method may also be applied in the event there are 7 or
fewer nominated
13
Proxies How and When they are used
• Section 56 of the Act lays out the requirements for a
proxy as follows:
• The proxy document must be in writing, and signed by
the appointing owner;
• The proxy can be revoked at any time;
• Employees of the strata corporation, and the strata
manager cannot be proxies;
• The proxy must be allowed all of the powers the strata
lot owner would normally hold in the meeting, unless
expressly limited in the proxy document.
14
Proxy forms – CRT’s Do’s and Don’ts
• Form “A” of the Strata Property
Regulation provides a simple template for a
proxy form. It’s optional, which means strata
corporations aren’t required to use it, but it is a
great starting point. While a strata corporation
can include a proxy form in the general meeting
notice package, section 45 of the Act doesn’t
actually require one to be included.
15
Proxy forms – CRT’s Do’s and Don’ts
Don’t include instructions that the owner must
only choose from a list of specified proxies.
(Shen v The Owners, Strata Plan EPS 3177;
Balayewich v The Owners, Strata Plan LMS
317).
The strata corporation is not permitted to limit
or restrict the assignment or use of a proxy
16
Proxy forms – CRT’s Do’s and Don’ts
• Don’t require that the proxy be granted only limited or
restricted powers such that the proxy cannot propose
amendments or participate. An owner has the option to
grant their proxy full proxy powers (Hodgson v The
Owners, Strata Plan LMS 908; Curll v The Owners,
Strata Plan NW 2926); or
• Don’t include a requirement that the proxy form be
submitted in advance of a general meeting though it can
be suggested for organizational purposes. If a proxy
chooses not to submit the proxy form in advance, it must
still be accepted at the meeting. (Preshaw v The
Owners, Strata Plan VIS 5792).
17
Proxy forms – CRT’s Do’s and Don’ts
Don’t use the proxy form as a ballot. A proxy
form appoints a proxy. The proxy votes at the
meeting. (Curll v The Owners, Strata Plan NW
2926).
A proxy is not an absentee ballot. The Strata
Property Act makes no provisions for absentee
ballots or proxy ballots.
18
Proxy Do’s:
• Do allow for an owner to grant their proxy “full proxy power”
in the event the owner does not want to grant only
restricted powers. (Hodgson v The Owners, Strata Plan
LMS 908; Curll v The Owners, Strata Plan NW 2926)
• Do allow an owner to freely choose their proxy. While the
proxy form can list council members, it must also provide
space for the owner to select someone of their choosing as
an option (Shen v The Owners, Strata Plan EPS
3177; Hodgson v The Owners, Strata Plan LMS
908; Balayewich v The Owners, Strata Plan LMS 317).
• Do accept a proxy that is signed, by hand or digitally, by
the owner who is designating the proxy (Hedberg v The
Owners, Strata Plan 511). 19
Best practices for strata corporations in the use
of Proxy forms in electronic meetings
1.The strata corporation’s responsibility in relation to
proxies is to allow for a proxy to attend. It is up to
the owner to determine whether to restrict or direct
the proxy.
2.The electronic general meeting must allow for the
proxy to participate as if they were the owner.
3.Once the proxy form has been certified at the start
of the meeting, the proxy form should be given
back to the proxy. It is not the strata corporation’s
duty to ensure the proxy is voting or acting in
accordance with the directions on the proxy form.20
Best practices for strata corporations in the use
of Proxy forms in electronic meetings
4. When conducting general meetings, the person(s)
certifying proxies must be able to view the signed proxy form.
The proxy can text or email a picture of it, show it on their
camera during the general meeting, or mail a copy of it in
advance.
5. A proxy must be allowed full proxy powers, such as
proposing and voting on amendments, if permitted by the
owner. Remember, the strata corporation is not responsible
for ensuring the proxy acts as directed (see #3 above). The
owner must ensure the proxy is prepared and educated on
the possibility of further voting.
6. When deciding how to run an electronic meeting, try and
recreate an in-person meeting in an online setting. The same
bylaws and provisions of the Act apply to both.
21
Questions
• Please submit your questions through the Q&A portal
• This webinar will be posted to the CHOA web site and
accessible through our You tube channel
• Please feel free to share this video and the resources
with your council and fellow owners
• Additional questions: please email [email protected]
22
Please contact the speakers if you
have any questions
Adrienne Murray
604.630.7463
Veronica Franco
604.891.7714
Thank you
Condominium Home Owners’ Association
1.877.353.2462
Go to: www.choa.bc.ca to sign up for the eUpdate
200 – 65 Richmond St. 222-1175 Cook St. 26-1873 Spall Rd
New Westminster, B.C. Victoria, B.C. Kelowna, B.C.
V3L 5P5 V8V 4A1 V1Y 4R2
604.584.2462 250.381.9088 250.868.1195
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